Harbaugh

This is a motion by the respondent to dismiss the appeal taken herein from the judgment entered in his favor and against the appellant by the superior court of Lassen County for the sum of five hundred dollars and costs.

An opinion in which it was held that the motion ought to be granted was filed in this court on April 23, 1914, and judgment entered in this court accordingly on said day. Prior to and at the time of the filing of said opinion, there was no countershowing of any character by the appellant, and consequently the facts set forth in the affidavits filed by the respondent and upon which he rested his motion to dismiss the appeal stood uncontradicted. But within a brief time after the filing of said opinion, to wit, on the twenty-fifth day of April, 1914, a written stipulation, signed by the attorney for the respondent, was filed in this court, and therein it was stipulated that the attorney for the appellant might have to and including the fourth day of May, 1914, within which to file its brief upon the respondent’s motion to dismiss the appeal. At the same time,- appellant filed with the record here a number of affidavits in rebuttal of the facts alleged in the…